Newspaper Page Text
/
fly JIybon Bartlett,
MACON, GEORGIA, SATURDAY, MARCH 31, 1832.
Vol. YI—No. i;
Telegraph is published every 6b
““'oik. o" Mulberry Street. Wtside.
* 'I’iirkb OonAns a year, if paid in ad.
^r‘“» pottAM, if not paid before the
*•,?'Tr. Subscribers living at a distance
i" all cases t0 PW in ildwnce -
^vare house
AND
Commission Business.
TllE subscribers respectfully In
Turin their friends and the public Hint
. a (hey continue the nbove business, mul
9 * reneiv the offer of theirserv
T^TirHsed the Ware House lately occupied
^ h | ,a T Kotfiand. eligibly situated u.i the
rills river, just below the bridge, and remote
.“..'.he lire. For the convenience of their na
per part oT the town, tliev haven
Hutton Avenue.
'I Ivatices will be made on Colton stored
' "Sipped hv them: and their customers can
ut'llie Savannah, Charleston, Nun
t'lIvVrimol markets. DAY «r BUTTS.
^ \VAKE-llOUSE
• AS l>
Commission Business,
rtlKKUV STREET, MACON. GA.
r undersigned has taken the now 'Vare-Housc
. I,,aiding on Cherry street, below the cor-
Meins. K.*6(r/j,* Chi,holm, where
■L COTTON on storage, and make liberal
,m the same. All cotton stored at (bis Ware-
ill lie, delivered at any of the Boat Lauding*
in this place free o( draynge. As bis whole
attention will ho devoted to the Itbove hnsi
T HE suliscrihcr will pay the highest prices
for Beaver, Otter, Muskrat and Mink
SKINS. fob t) C. A. HIGGINS
New XSooks.
ANAS TASILH or the Memoirs of a Greek, by
T. Hope,
THE KING’S SECRET, by the author of
“The l.ust Heir,”
FESTIVALS. GAMES and AMUSEMENTS,
No. XXV Family Library.
With a very large additional supply of Stand
ard and Miscellaneous works just received by
tiov 3 11 ELLIS, SHOTU ELL & CO.
Notice.
Thu subscribers having relinquish
ed Ilia HOOT ft. .SIKH; MAKING
WUs.^.edS3 business, and disposed nf their Manu
facturing department to Mr H EM It V
WILLIAMS, who has been in their
employ furthc lad eighteen mouths, and of whose a-
bility to please they feel a fuli assurance, they would
solicit for him a r.onliiiimnce of the liberal patronage
hitherto eslemlfdto themselves.
Mr WILLIAMS will continue the business in (lie
second story of the sunie building they have occupied
since the fire.
feb 28 fit PAUMELF.E & CHURCH.
,. li-ioes tnuicrit n share of puldio patronage.
usdGEO. WOOD. " y -
£amp Oil,
» F good quality, just received and fir sale
bv llUNGEkFORDS & STODDARD.
Feb 37 83 . '
SB. £. 2icXiI£i.
H sWING determined to nettle permanent!)
in Macon, respectfully ofTcrs his
Professional Services
to the inhabitants of the town and adjacent coun-
1 am ®? 01 ?9Y Wanted.
AM very thankful to my friends for the pat
ronage they have extended to me siuce 1
commenced business, and still hope to merit n
continuance of it. Aly pressing want of. money
compels ine to call on those who Imvo notes and
accounts with me, unsettled, to pay them up. I
want to pay my debts, hut canuot without llinir
assistance. 1 wish a compliance without giving
mo further trouble. JOHN SMITH.
March 9 9G
JAMEb R. BENNETT,
Soot and Shoe Maker,
IIus commenced business
McDonald's building, (near the
Af aeon Tel g rapk Offie'.) wheio
he will but tumid ready to attend
to Ins old customers ami all others who may 0,011
on him.
QT” BOOTS and SHOES manufactured to
order, in tlio best manner. REPAIRING also
will lie douo.
C7“Two or three JOURNEYMEN can Cud
regular employment by application to hint.
jnu 25 Tilt -it
H
|.Vt w Cabinet Maker's Shop.
The undesigned having purchased the
Interest and taken the shop lately occn
|,ied by MrC. Coupee, on Cherry street,
In few doors nbove Clarke's Hotel, ti-ke
J this opportunity of tendering to tlic.ir
t Tdendsand the public thoirservicc* in the
Cabinet Making Business.
.. sill at nil times keep on hand s good supply
trials, end he prepared to ciccutccvcry tie
a of work in their line.
JO,rds, Bureaus, Bedsteads, Bookcases, Clmirs
> m.ideto order.
,r description of TURNING done as nbove.
is large and eicellent Turning Lathe, (the on-
of die kind in the plnce.) they will be prepared
, HOUSE COLUMNS, fte. at short notice,
JAMES A. HALL,
Kg JOHN iIORELANI>._
iv jMow ooodsT
LEWIS FITCH,
Draper and Tailor,
ronrms;, at Ihe Mm-on Clothing S*orc, n
and ?nliMnJi«l assortment of
SUMMER GOODS,
^tii; of superfine Bombasines—brown, slnlo. I
sot. while aud buff Merino CassiuWres—plnid [
nr irtiele for Pantaloons)—while and brown uers
.•-brown grass Linen—Prince's Cord, Nan- "hove business,
baf and while Vnieucia Vesting—spotted and
iMwwilles do Satin Florentine do. Cluck nml
s! Velvet do. with a good assortment ol cloth,
raad bombuiuc Stocks, fancy do. Spitalfield
V tik art and cotton double end Snsjinii)era—
1 tilkkalf Hose, Random do. white cotton end
sdo-akite azd brown linen figured Cravnts.
ft. Downs, Collars, Stiffeners, Buckskin
1. Disci do. silk and brown linen do. Epnuluts,
(lima. fte. fte. •
. L Filch will receive in a few days a linnd
Bortmcnt of SUMMER CLOTHING.
|U>KI,tG carried on inallitsbrencbesasahove
t latest New York and London fashions,
ill nut 1 ms inferior to any. He returns Ids
ill for past favors, and solicits a cnntinil-
lie patronage. march I
For the satisfaction of those who are unac
quainted with him, he thinks proper to state, that
lie was regularly admitted to his profession in
1801, agreeably to the laws and regulations of
the State of New York, and that most of liis time
since that period has been devoted to au exten
sive practice. By a faithful discharge of his pro
fessional duties, he hopes to merit a liberal pat-
r.iuage. liis residence nud office are iu the house
formerly occupied by Mr. Birdsong, on Mulberry
street. Jan. 14 “
NOTICE. .
A LL persons indebted to the subscribers eith
er by note or book account are requested
to come forward and "Ottle tlic same.
Jau 14 2 •ELLI8. 8H0TWELL & CO.
HIDES—COW HIDES!
H RAW HIDES WANT-
11 xjj? XF ED—for which the high
est prices 7 will bo given, by
oct 20 4 E. L. YOUNG U CO.
WAREHOUSE
AND
C^ntf'ission Business,
7*1 HE underigned Ubvir;
jg their Ware-IIonses for u Lrl (hl .
ders Ids service! to his friends and the , *“ ’
mva business. . r .... . i 0
He will be prepared to extend the nsual .w.ilitn-
Ids customers, hv making advances on Produce.. nrei .'
with hint, or on Shipment! to Ids friends in Sa\ outlaw
and Charleston.
Connected with the Ware-Houses, are safe ami ex
tensive close Storages, for the reception of any floods
that may bo consigned to Idm for sale or otherwise
The situation of these Ware-Houses, es to cimvuiil
ence and safety, are not surpassed by anv in the place
should additional security he required. Insurance can
be effected at a very low rate. The subscriber's at-
ention will be devoted exehuittty to the above bust
ness. He therefore hopes to receive a proportion ol
ublic patronage. JAML8 C. MORGAN,
Macon. Jnlv 28,1831, ID •, .,
Rubber Over Shoes*
1 received and for sale by
WM. II. BURDSALL, .
(53
l-twk
S3 V-fJDERSmErEB
VINCI purchased the interest of Messrs.
KIMBERLY & CHISHOLM, in the
lilo establishment, has located himself iu
house below the corner, on Cherry street,
occupied by thorn, where ho will sell
1 lour as any other house iu this place, for
’’otton.
is now very complete, comprising al-
'cry article for the country; it cousists of
DRY GOODS*
Halt, Short, Hardware, Groceries,
Salt, Iron, Ac, .
i old customers and the public generally.
'dully invited to call, ns tho same lucili-
retuJure given will still exist,
c roar of his Store is n New Waro House,
uhcil, ain^uow ready for tho reception of
■' whieh he will tnko on Storago, nud make
ll -o.vanres on tho sanie,
• a ' 4 * GEO. WOOD.
C£QT3XmG.
if-X ENT LUMENS’ Fine Goats’ liair Wrq
Cx peri, ’ ...
do do Gpent Clonks,
do super mixed Brown and Out-
Cloth over Coats,
Just received and for sale by _ .
nov 17 23 WM. H. BURDSAf
THE SW233C3RIBERS
ESFECTF.ULLY inform their friends nud
, the public generally, that theyare receiv
ing nud upcniug at their old stand did. KINO
STREET, Charleston, S. C. a large and splen
did assortment of • „ *
To which tile nttcution of country mcrchnuU
visiting UiOcityfursu^U^nvUed.^^
Chnrk.wn, oct 24 4 w4in
H I ZiAXS&iu.
'tut? first Tui sdny ^ji AI^UIIj heXt, Will be
I ‘ at pulilie bale, all lh:;t
I,, v SlOtOf liRUfl
I a* im». I M, H, die tith district o( Henri
Kerry.
k f ALIO,
|.°j, n ucl. kruMfn us N'o. .*i3. In ineSOthUi*’
I. { -n vUi c,, “wty,’being «c»vs.
L sT ijiw l )0a *^ v o* and iwriiis cn\.L
V; t \r-y J Aw'&ictit for the
I* t V.OOI)MlJ:tY f i hem fit of the emit
■ 'I'iGINS, ( lotion. C. Htl
*1' 7i> H» tea,ton. _
i'AM) WINTER goods
ffSRPOIMJS «St a'.r©»X> JLKD.
"kcs;ivkdtukik csuai, supi'lit os
i.SfiaGonablo Goods,.
'. B they' offer at tho lowest market
iiv 1 *’ r0l ‘*i»ling in part of tho following:
It nu, l Faucv Dry Goods,
Ifflymand Cutlery,
t !j» r, ’. Crocku, 7 Q iid Groceries;
; »ud Flax Hugging, .
* Rope nml Baleiug'fwinc,
T,,uIs «
.^..l^kod Round Bnr Iron,
y c * **l Hoop do.
Erft la ." U G «Nail» nml Nail Rods,
Vf* '•W Buqjl ail Upper Lentlier,
6km * aU * 1 Wl “ t0 Ei,lin ® n "‘* binding
» Shoo Thread,
?• "biteand Green stitcbinT |lo.
8h **° c ^ coarse uud Cue Boots nml
•J 0 Ready-made Clolliitig,
y. • < *° Felt nud Beaver lints.
*ivo CJeeso Foathers,
'hascii > Sfl ‘
, p- requested to call,
op GEORGIA for •'Me
[ l W vflicc. joe
MCSIC.U. IKSTlUiaJEKTS,
/\ UK now receiving and opening at their BOON
j-1 .STORK, n number of 4
. plASO FORTES,
->fa rich deter!ption, ami a variety of
lustrnr.iniils.*with linlriwliou Books, and Music a
Japtud to tlie same—a large collection 01
NE W MUSIC,
for the Tinno. embracing nil the *!».'• « "f fhc <cl^
brated Cinderella Opera, and a vani-ty ot en^rev
mgs. tnriealures, prinU, ftc.—Also a large oiru.t
BOOKS,
consisting of 25CO VOLUMKSt a catalogua cm
liraciug u v.m-Mel-alila portion of which, is1 published
in the Christian R»l*rtorv. A great variety of
STATIONARY
and Mlrcidlaneous Articles. A large assortment or
PAPER' HANGINGS. Bordering. Fire-1 rints, die.
Tliey resiicctfully Invite the attention of the pub
lic to the aliove, and request'them loaill and esn-
minn. * t„——— -* ~ ~
J A Sacks LIVERPOOL BIAWMI SALT
S nix For sale by C. A. HIGGINS,
Fob 18 80-3t
P
Bills cn Savannah,
AYAIILE at sjj(hl, for wlebj^
DAY St BUTTS.
• U^OTXOSs
T HE SUBSCRIBER having sold his stoek of
II G S A Ml! El, T. ROWLAND,
Sfotiesi
A S one of our Firm (A. Siiotwklii) will
. leave for New York iu a few days, all
those indebted will please attend to the immedi
ate discharge of the same, and oliligo
A" SllOTWELL&J. s. smith.
March 1 89
1^. GXULVBS & SOwT
AVE received from New York and Bcslim
lirge and elegant *• -
Assortment of Goods,
CONSISTING IN PAHT OP
100 ps Cloths Ca-iimerej and Satinets
100 |IS Negro Cloths ana Fustians
25 ps Oznnburn
20 bales Rose, Uufile mid Point Blankets
30 hales Brown and Bleached ilnmespuns
' 15 hales Stripes, Fluids, Checks mid 'i'iskiilg
ps'Liutn and Colton Diaper
25 ps Brown and Blue Jeans
50 ps Irish Linen, Lineu Cambric and Lawns
Brown Linen
150 ps plain and corded Cambrics
150 ps bobk, mull, Swiss uud figured Muslins,
corded Rohes
COO ps Calicoes and Ginghams
150 jis Furniture Chintz
25 jis black, figured and colored Lustrings sin-
chews Groilenap Grodezinu.Grodcber-
tin and Levantine Silk
10 ps figured Warsaw Poplins
B i Canton .Crapes, Pongees, Italian Crap r
uckram. Pudding, nnd Canvass, black and
colored Cambrics
COO dots Cotton, Flag nud Plaid Handkerchiefs
150 ps German, Bandanna, Pongee India; Itui
ian and Levantine Silk Handkerchiefs
§0 doz Mandarine, Grodezine, Pnlmyrine, Ba
rege mid embroidered .Crajie Fancy
Handkerchiefs
Ladies’ Cravats ...... ,. ,
50 dog white, figured and plaid fashionable do
Ladies’ Linen nnd imitation pocket Ildkfs. .
20 doz Thibet, Cashmere, Circassian, Damask
nud Raw. Silk Shawls
20 doz Cnssimcre Shawls, Colton Shawls
200 lliisinry nnd Gloves
Flannels. Canton Flannel, Musqnito Netting
•'•lihrell is raid Perusals, Tabby Velvets
•mi 5 „ T*,» *- u *«oool Thread, bell and silk do
MarkFg"Co'.lon, Linen and Colton Floss
T,q.e!‘lVihl.o,.., Cord, Suspender.
Sfik webbing Uo
Toilet mid TNucy Boses
500 d-iz Shell and BragIlIRn Tucking Combs
Side Combs, Pocket, Pressing and find
Tooth Cnlii'.s
Coat, Veit, Suspender and Shirt Buttons
ltlnek and culon-d Sewing, Flax Thread •
Gcntl -men ami Ladies’ Plaid and Camblet
Cloaks
Ready Made Clothing* fye.
BiiihI Boacs ;
.0 Cases Legliorn, oju-n Straw and Dunstabl
Bonnets
Work Baskets, Pins and Needles •
20tT) lbs Spun C0II011 superior qualit'-
50 doit Nnpt and M mil Hals
10.) cases Slioes niid Boots
G bo <cs Saddles and Side Saddles
Bridles, Martingales, Surcingles, ft Hnrnris
A Complete Assortment of
HARD WARE,
Consisting of
Pit Mill and Cross cut Saws
German mil C. S. Hand Saws
Iron back Pnnnel nud key hole Saws
600 Sets Knives and Forks *
Carving. Butcher and Bread Knives
500 doz pocket, pen and uirs Kuii*s
Spring dirk Kulvfisnn elegnnt article
160 doz Roger's, Wade ft Butcher’s and Elliot’s
Razors, Uazur Straps
Stock, pad, chest, cujibeard, desk and trunk
luieki •
Gun Loqks, Flints
15 doz iron, Briltania, jdated table and tea
Spoons
100 nr brass and’piated Candlesticks
Coffee Mills. Wheel heads
60 tlnz wire and hair rtlfieri
Cliissels, Augers.Gouges. Bills, Files,Screw
* Plates, Vices, Sledge Hammers, Truce
and llnlter ClininS
Butts. Hinges and Screws
Clnlli, hair, tooth and slim- Brushes
Shaving Brushes, Steeyards
Drawing Knives, sand Paper
iron Squares, lrl Squares, Waffle Irons .
Common mid fancy Be How*
An elegiiil amnriirt^nt 0t nin(
Fowling Pieces, perciissiun Pistols
Caps, Latches, 8|Hirsnnd Stirrnp Irons
Sad Irons, culling Knives, Tack*and Brni.s
Nalls, Blacking, and BritlaiinlaTea Pols
Shoe Thread. Wallat, ami Pockelhooks
Clasp Wallets and Spectacles
Scissors, Shears, ftc. fte.
OK.eCZC&B.V AMD GXiASSWARH.
12 Crates, assorted for the Country trade.
GROCERIES.
60.000 Hu Iron. 40,000 lbs Castings
900 lings Cnffe". Hilda Sugar, Cognac Brandy
Holland Gin, .Madeira, Tenneriffe and Mai
aga Wines,
Cordials, Whiskey, apple and peach Brandy
And eveiy thing In Ihetiue nl Groceiivs.
250 IIS Bugging, 600(biTwine
25 CuilsKoiic, 1000 lbs sole leather
Upper Isinther, Dressed deer Skins, Cow
Hides, fte. „ .
The above goods added to their lormer Stock n il
make as comjdrtc an assortment ns can lie found In
Macon, and w ill he. sold at the lowest prices, as usual.
For saIo, 0:1 Consignment.
00 cast Iron Ploughs
20 lionet C. 8. A»e» ’ .
20 Jersey Wggnnt. * •
t>nvl7 23 ' -i
Uementt
Dec 24
Stock for £>aic. r. _ nl .
IFTY SHARES of tho Commercial Bank
Stock Tor suit—twenty-five percent, paid
nil it If tint eold before tho first Monday iu
April,' it will h« sold at Auction, as I ««**»■
mtuod to sell it. WM. B. CONK.
march 20 105 •
F’
The following exquisite lines were written n-
liout two cruturies ngo. on n dnnghter of tho Laird
Maxwell of Cowhilli oil the Bunks nf tho Nitli,
nnd who was called liy the peasmitry tho Lilly of
Nithsdnle. She died ot the age of 19. If the
life of poetry consists as we believe if docs in pre
senting a true aud vivid picture to the mind’s eye,
thesf lines are one of the happiest efforts that ev
er was sketched by the pencil of sensibility! and
genius.—yfl. Y.,.Mtr. Adv. •
She’s gone to dwall in Heaven, my lassie,
Sho's gono to dwall in Heaven, *
Ye’re owre* pure quo' a voice aboon,
For dwelling out o' Heaven.
' O whrtt'll she do in Heaven, my lassie?
O what'll sho do in Heaven!
She'd mix lierown thoughts wi’ angels sangs
Au' make them inair meet for Heaven.
She was beloved of a’ my lassie,
Site was licltiveil ofa’;
But an nngel fell in love wP her,
Aud took her frao us a’.
. . Imw there she lies, my lnssie. ,
Low there tlinti lies,
A hnmiier form ne’er went to tile yin!,
Nor free it will arise.
FV soon I'll fbllow the?, my lassie, *
Fu’iooh I'll followthec!.
T! • u left me nought to covet, lissie.
But took goodness, st-P wi' tliee.
. I look’d on thy death cold face, my lassie;
I look'd muliy death cold face;
Thou seemed aldie new euti’ the bud,
Au’ fading in its place. . *
There’s nought lint dust now mine, tny lassie,
There's nought lilit dust now Mine;
My soul’s wi’ thee P tho canid, cauid grave,
'An’ why should 1 stay hellin'J
I look’d on thy dcath-slutt eye, my lassie,
1 look’d on thy death-shut eye;
An’ a lovlier sight iu the lirow o’ Heaven
Fell time shall no’er destroy.
Thy Iipsworo ruthlio nml calm, my lassie,
Thy lips were ruddie and calm:
lint gnne was tho holy breath o’ Ilcavcu
To sing tho Evening Psulin.
ANNUALS lor 1832.
A CKERMAN’S Forget-me-not .
.JR Winter's Wreath, Friendship's Offering
Tlie Pearl. Atlantic Souvenir
Affection’s Gift, The Token, For salt
Gec 24 Ellis, Sholw. lt If C't -
Clothing .Cheap.
T HE siihoriberbcing verynnxious to re.luce
liis stock of WOOLLEN CLOTHING
will sell at very low prices. _____ . . .
march 15 101 -WM. II. BLRD3.VLL.
•Too. —— . ■
Lines on a Txtdy who used to bentjier h’shand.
“Como hither, Sir'John, my picture is here,
What sny you, my love, does it strike you!”
“I can’t sny it doesjust at presolit, my dear,
But I think it sooHfewill, it's so like you.”
From the Federal Union.
CHEROKEE QUESTION.
As an independent State, whose boundaries oro
distinctly ascertained, over all of the territory em
braced within these limits, Georgia 1 zeroises, nud
will continue to cxcrciso the jurisdiction apper
taining to her sovereignty. Tlie right ot this ju
risdiction she has never yielded, in any compact
or constitution; ft was not.plaecd under tho con
trol, or subject to the limitation of tlie federal
government, 'either by tlie Articles of confedera
tion, or tho existing federal couslituluh; it is a
right which sho did not grant on entering into tb:
eonfOuci'Aey; “nd which is.reserved to.her iu its
original plenitude. If the United States, in their
treaties with the tribe of Indians, have entered in
to stipulations that conflict with the rights of tit?
amte. iu making s#ch engagements, tho general 1
government lias transcended its legitimate pow
ers; nnd its faith will he better preserved by can-
colling such unauthorized stipulations, nud grant
ing a suitable indemnity to the savages whom it
m»v have deceived, than by trampling on th
riglits of one of the States, hy which it was crea
ted, whom to n!d and protect, is its first nnd high
est obligation. By refusing to appear before tho
Supreme Court, Georgia has ildhicd tho authority
of that tribunal to interrupt the regular operation
of tier laws within her own- limits, nml to sever
aud toarfrotn her, ap important portion dflicr ter
ritory; and it is not uow a question, whether she
will acquiesce in the-most unexpected aud extra
ordinary decision, which has bccii made in tho
case of Worcester against tho Staid. Oil this
great subject, sho will not be entrapped nnd hound
hy the subtle technicalities set up by the court:
but will steadily pursue that direct and onward
Course, which her rights and her iutercsU pre-
crilic. * • , .
The tjuestionbetween Georgia, t|io Indians and
tho white residents of tlie Cdunty of Cherokcu, it
of a local and domestic characters it affects not
the interests of any other Statu, nor tho welfare
of the Union. If tb? citizens of oilier States
eh-ii si: In reside within 11 nr limits, iliey must sub
tnil to tile laws hy which onr citizens are gov
erned: if tliey violate tlioso laws, they must suf
fer the punishment which would he inflicted on
our own citizens for similar offences. Tho riglits,
privileges artd exemptions of Indians fixing xvitliin
'hose limits, Georgia will herself adjust f m
ciplei'Of nntiouni and practical humanity; and
»ho will not consent to any interference on til,
important ami deliento subject.
We now proceed to r, ,-ricf hxaininatieu.of the
question ;,pon its merits. Notwithstanding the
^reat boldness wo feel in the justness of our cause,
wo frankly acknow ledge that sve approach so
momentous a subject xxitli some degree of diffi
dence—because 11 inrgirniid very intelligent por
tion of the people of tlie oilier States entertain o-
pinions ami feelings adverse to our oxvu. Without
time or space to go fully into tho details of the
documents nnd doctrines bearing 011 the whole
case, wc feel it n dutx to present our just claim,
to our brct|p‘cu of other States—to appeal to their
candor, sound judgment nnd patriotism—while
wo present before them a few strictures mi some
df the leading points of this,important case, ns
exhibited by tho decision itself, aided by such
lights ns wo hastily draw from the Stales, as cx-
pi'cjxly laid down 111 tlie articles nf Confederation,
aud the Constitution of the United States.
We propose ns briefly, ns consistent with clear
ness, to consider the subject iu tho following as
pects: ,
1st. Tho rights acquired by tho Colonics (now
States,) ns distinct political communities, upon
the establishment of tndepeudonee over the terri
tories and persons withiu their limits.
2d. The reserved rights of the States under the
Constitution of tlie United Slates.
3d. The rights'claimed for those Missionaries,
under tho Act of Congress of 1819, to civilize the
“Indian tribes adjoining the frontier settlement! of
the United State!.’”
These appoar to bo tbo leading features of the
case. And we hesitate not to declare, that wc
have been surprised by the deductions of the
Court from its owu premises—that the conclusions
from them are broad—entirely unwarranted, and
therefore un-atisfactoiy—and that, notwithstand
ing the loariiiug and talents of the Court, tho de
cision is not ouly erroneous, but the opinion tho
mow absurd, and the weakest wc havo ever secu
fiom the Chicf.Justice.
1st. As to the rights acquired by the Colonies
(now States) when their Independence was ad
mitted by tlie British Crown.
The Chief Justice argnes, that on the first set
tlement of North Amcricu, the only right claimed
by tho crowded heads of Europe, was tlie right
of pre-emption—That this wt.s o regulation le- 3
tivecu Europeans, which did not affect the-riglus
of tho aboriginals—at the same time, admitting
that the settler* of nny particular colony claimed
and exercized the right of purchasing hut Is fro m
tho ludiaus, in exclusion of nil other foreign pow
ers. He relies strongly upon various views ai d
proclamations, submitted at different times—and
strongly insists upon a proclamation of the Brit
ish Crown, issued iu 17(13. in which it is declared
as follows:—“Wo do further declare it to bo out 1
royal will nnd pleasure,/or the present, as afore
said, to reserve, under our sovereignly, protectior;
and dominion for the use of tho Indians, all the
laud,” &c.—“And wo do hereby forbid, cn pain
of our displeasure, all our living subjects, irom
making any purchases whatever, or taking ai.y
possession of any of the lauds above rtsi rv J,
without special leave and license.for that jmrpote
first obtained.” We'merely give these as untr.-
pies of tlie Chief Justice’s train of argument aid
elect thorn ns among the strongest adduced tit
favor of his conclusions. Granting the full form
of these premises, to what conclusions do they lt-
gitiinately load ? Most clearly, that the discov
erers, or conquerors, claimed a right, not only 1
over tho persons of the Indians debarring otlur
nations from, nil intercourse with them, hut nbo •
over their territory claimed hy virtue of tlie right
of discovery claimed by virtue of tin- right of ili -
covery. No other power had the right to inter
fere. hi the proclamation of 17(53, the -‘royal
will nud pleasure” tvas only “declared," “for tho
present.” Tho right to niter the roynlclnim and
tho royal policy was strictly reserved hy this
guarded expression—"/or the present". But this
right xvns reserved under tho "sovEnEiaNTrs
raoTkcrioN, r.yd dominion" of tho. Crown.
Tho jurisdiction thus reserved, could be'reclaim-
pd from tho aboriginals at any lime, nnd the laud
purchased and possessed hy “leave nml licinse,”
granted hy tho King. It is seriously contended;
that this measure, adopted ns ti mere temporary
’ policy, was a surrender of the claims of the Crown
to tlie land, which IfacI hecii expressly granted
to tho large Proprietors of that day, such ns Lord
Baltimore, Willtnm Penn, nnd o'thcrsl No; tho
express grants of immense district* of country flat
ly contradict stick an absurd interpretation—wo
say absurd—because the crowned heads of Eu
rope nover otico dreamed of auy thing btit abso
lute dominion over tho soil and persoris of tho
aborigines, at their royal will nnd pleasure.—The
rights of the Indians were expressly called reserv
ed riglits—rights reserved Jty Kings, who hnd not
tlie' shadow of a doubt, that tite lauds, being
theirs, tliey had tho right either to dispose of Or
withhold them as they saw proper. If Judge
Marshall is to determine the right of tho Indian,
or tho rights of. Georgia, hy the “divino right” of
Kings, their claims most assuredly hang on a
flimsy thread. Tnkiug therefore the Chief Justi
ce’s own premises, wc can legitimately nvojd the
conclusion, that the Indian rights dependant "{ton
tho will of the Crown, representing the sovereign
power of Great I!ritahi v
“This, says lie, was the settled state of things!
xvhen tho war of the Revolution commenced.”
Aftor detailing various treaties, Iaxvs,.&c., the
Chief Justice says:—“They (the Indians) had
been nriv.ngo,! the proto-tie:: of Great Bri
tain; but tbo extinguishment of tho Lritish powers
iu their neighborhood, nnd tire establishment a(
that of (he United States iu this plnce, led natural
ly to tho declaration, 011 the part of tho Cltcro-
kecs, that they were under the protection of jlie
United 'Stntes, nnd of no Other power. They as
sumed the relation with the United Stater, which
had before subsisted with Great Britain.” He
then goes on to cito various laws, acts nod ar
rangements, to show that the Cherokccs were an
“independent nation." He states that, “Cnu-
gress dissolved out connection with tlie mother
country, nnd declared tltcso Colonics to he inde
pendent Stales”—that.vat ious compacts, niid sti
pulations )vcro attempted hy Congress without
tiny written definition ofjioxvers, nnd that Trea
ties were actually made with France.” Then, he
conies, without any thing to support it,' to tho
sweeping assertion, that /rent tho same necessity
(what necessity?) oil tho sdinc principles, Con
gress assumed (!) the Utnungemcul of the Jndiril
affairs, first in tho tinmc of the Colonies, after
wards iu the name of the United Stales.” Tlie
docision admits the conquest of fte British hy the
United Colonies, nud that the Cherokccs were
hostile aud took up arms against tite Colonies.
This is an important feature, in as much as hi
right of conquest w.»< ndded to the right of disco
very and settlement of Georgia, anti all other
rights claimed by the Crown of ((rent Britain.
With this coudeused outline of the Judge's ar
gument, ourreadersnre fully prepared for tndtoii-
clusiou we niul at. It is tins: By couqucriiig
tho Ehglish and their Indian nllies-^-nud snaking
off tho yoke, firat tho Colonies, afterwards States,
of the Coufede"?''”, st independent, sovereign,
distinct, political "bodies, succeeded to ail the
rights, powers and privileges fonnerlv'possessed
byffhe British Crown, within each of liieir respec
tive limits—and to more than xvns possessed by
the Crown over the Cherokccs, by actual con
quest.- Theyxvere then full aud complete sove
reigns, in the broadest sense of the term, nnd
and cuuid, of right, do nil that the Declaration of
Indepeudefico asserts they could do. Therefore
they could extern! their h.ns, civil and criminal,
over all persons nml things within their respec
tive limits, as Georgia lias done over the Chero
kee territory. It is not contended, uor is it ne
cessary to lllc argument, that they rntthl arbitra
rily tike, away property ill actual possession of
the inhabitants—but they cmthl manage nud ro-
gulutc it. Nor does Georgia design to do tnore
than tills. • ’ v
The alarming fallacy iu tho nrgnmrn! of the
Chief Justice, is, that the United States, as ruch,
iu a consolidated capacity, succeeded to lllc right
of the Crown, and all the riglits of conquest.—
They did not. The Colonies, individually, suc
ceeded to them, ns separate, distinct, ftt.d un
trammelled sovereigns, in the full exercise nud
right of all the poweis of the -V/sinnil domain,”
us writers of natunil Ian term il. Being ihui
sovereign, without stiut, they h. d the right, as
such, singly uud separately, tu change the sove
reign will and sovereign policy toxvards those
within their limits, and to prescribe laws to '.a
conquered* Aud if, from principles of coiict,
ansi of humanity towards tin- aborigines, tl si
lently acquiesced that the Government sh uld re
lieve litem, h,r a time, of tbo h.xrdeus of iiminti
affairs, the right was never surrendered, end the
right of the sovereignty in this le-jicct remaiuiog,
they have the right to exercise U. .
1 This leads to ourseeoud po.moii— Is the juris
1 iliition over the Ipdiaus, witlnu the limits of the
States, a reserved right under the t.’oaslitxitiuu.
o - lias il been surrendered! If it bat been -ur- .
(: under- d, t)«: grant to the fieurral Government,
j must In- toned 111 tile Constitution, in direct terms.
- or hy lair and rrresi-libfe imjdie. lion. Wc mam-
[ I da ib.il it is not uirrt adored in cither way.